The Fourteenth Court of Appeals in Houston, Texas today affirmed summary judgment for an employer that was the defendant in a wrongful death suit arising from a tank explosion. The decease employee was not formally married, but two women each claimed to be his common-law spouse and filed claims for workers’ compensation death benefits. The Texas Division of Workers’ Compensation held a hearing and determined that no common-law marriage existed. One of the women then filed a wrongful death suit against the employer seeking punitive damages as the surviving spouse. The trial court granted the employer’s motion for summary judgment, which the court of appeals affirmed, because the same issue that was dispositive of plaintiff’s workers’ compensation claim—that no common-law marriage existed—was also dispositive of plaintiff’s standing to sue for wrongful death as the surviving spouse. The court of appeals also affirmed summary judgment on the “survival claim” that plaintiff brought as the administrator of the estate, because workers’ compensation benefits are the exclusive remedy for any compensable death, and a survival claim is nothing more than the deceased employee’s claim for personal injury damages.
This is the first case in Texas applying the doctrine of issue preclusion (collateral estoppel) to a final decision by the Division of Workers’ Compensation on the question of whether a common-law marriage existed prior to an employee’s death. The case is In re Estate of Howard, No. 14-16-00676-CV, __ S.W.3d __ (Tex. App.—Houston [14th Dist.] Feb. 1, 2018).
Arnold & Placek, P.C. partners Scott Placek and Matthew Foerster represented the employer in the trial court and in the court of appeals.